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What is an Automatic-Adjustment Clause and Its Legal Implications?
Definition & Meaning
An automatic-adjustment clause is a provision found in utility-rate schedules that allows public utilities to increase their rates without needing a public hearing or state review. This increase is only permitted when specific operating costs, such as fuel prices, rise. The purpose of this clause is to help stabilize utility revenues in response to fluctuating costs that the utility incurs regularly.
Table of content
Legal Use & context
This term is primarily used in the context of utility regulation and public utility law. It is relevant in legal practice areas that involve energy, water, and other public services. The automatic-adjustment clause is significant for utility companies as it provides a mechanism to adjust rates in response to changing costs without the lengthy process of public hearings. Users can manage related forms and procedures through resources like US Legal Forms, which offers templates drafted by legal professionals.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a utility company experiences a significant rise in fuel costs, the automatic-adjustment clause allows them to increase their rates accordingly without a public hearing. This ensures that the utility can maintain its financial stability while responding to market changes. (Hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Adjustment Process
Public Notification Requirements
California
Requires notification to the Public Utilities Commission.
Public notification is mandatory.
Texas
Allows adjustments with less regulatory oversight.
No public notification required.
Florida
Requires a review process for adjustments.
Public notification is required.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Rate Adjustment Clause
A provision allowing periodic rate changes based on predetermined criteria.
Automatic-adjustment clauses are typically triggered by specific cost increases.
Fuel Adjustment Clause
A specific type of rate adjustment clause focused on fuel cost changes.
Fuel adjustment clauses are narrower in scope, only addressing fuel costs.
Common misunderstandings
What to do if this term applies to you
If you are affected by a utility rate increase due to an automatic-adjustment clause, consider the following steps:
Review your utility's rate schedule to understand the adjustments.
Contact your utility provider for clarification on the rate increase.
Explore US Legal Forms for templates that may help you address any disputes or concerns.
If the situation is complex, consider seeking advice from a legal professional.
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